EB5 Investment Visa for USA Services
Continuous Support Throughout Your EB-5 Process
Once you have made your EB-5 investment and filed your EB-5 petition, our relationship doesn’t end there. In fact, it is just the beginning. There are various steps in a successful EB-5 investment, from confirmation of your I-526 approval, to receiving your conditional green card, followed by your permanent green card, and somewhere in between getting your investment back.
I provide consulting and guidance every step of the way, including:
Project Performance Monitoring
I continuously monitor construction and job creation progress across all my clients’ EB-5 projects. I travel to projects on a regular basis and verify progress and interview project team members on-site. I track delays and conduct ongoing due diligence to identify changes in key areas that might affect the project completion and your investment safety.
EB-5 Industry Rules and Regulations
I am very involved with EB-5 industry stakeholders, which allows me to stay abreast of the latest happenings in the EB-5 Industry, be it rule changes, processing updates, or other updates. I also track individual investor approvals at the project level so you remain informed of the latest processing times.
Process Assistance In the Event of a Problematic Case
There is no way to eliminate all risk in the immigration process. Even the most conservative plans can go awry, which is why I maintain relationships with lawyers with demonstrated track records of getting problematic cases back on track.
Far more often than not, all goes as expected with an EB-5 case. But, EB-5 project placement memoranda mention risks for a reason: trusted private parties can fail to live up to expectations and USCIS is subject to political pressures and the changing winds of the agency’s management. Although it is historically rare, even the best planned cases can go off track due to no fault of the investor or immigration counsel. In those times, I don’t give up on my clients facing adversity.
I maintain relationships with attorneys who have built their careers representing clients who have faced investment and immigration adversities. Whether it be an issuer who breaches the terms of the deal, a pending case facing unreasonable governmental delays, or an unforeseen denial due to an unannounced change in adjudications policy, I will be here for you to facilitate your immigration process through triage and additional referrals to qualified counsel. Although these are very unlikely events, I do not give up on my clients simply because a third party has not met expectations. I am not content until your immigration and investment goals are met.
Your individual circumstances can change at any point during the EB-5 process. I will study and analyze your situation to see if there is any room for an expedite request. For example, this year, I have helped doctors and frontline workers battling the Covid-19 pandemic with expedite requests.
Visa Interview Preparation
Having gone through EB-5 consular processing myself, I know how daunting the interview can be. I will conduct mock interview sessions with you and your family so that you are all well prepared for your interviews at the U.S. Consulate.
In complement to your attorney’s guidance, I will help you rehearse the important points to relay about your investment, provide direction on your body language and how to dress for the interview, and help you think through your answers to the visa officer.
Pre and post Immigration Tax/Estate Planning
Many foreign EB-5 investors are unaware of the complex U.S. tax laws applicable to them once they receive their conditional green card. Once the conditional green card has been issued, the investor must declare worldwide income to the U.S. Internal Revenue Service (IRS) and may be subject to taxation on income generated outside the United States.
I always tell my clients to start their tax planning right after filing the I-526 petition. Typically, this would be the day you arrive in the U.S. after a successful interview at the U.S. consulate in your country of residence.
Any income generated from salaries, dividends, rent, or capital gains must be declared and filed as part of a conditional green card holder’s tax return for the calendar year. In addition, any shares that are held in businesses must be declared and any foreign bank accounts must be disclosed. There are some exemptions, but careful understanding of the rules is paramount. Failure to disclose or file will result in interest charges and/or penalties.
It is also important to understand the Double Taxation Avoidance Agreement (DTAA) between the United States and the individual's home country. DTAA allows an individual to avoid double taxation in his/her home country and the United States on the same income.
I have relationships with Certified Public Accountants (CPAs) and tax attorneys in the United States. Once you have completed your EB-5 investment, I will introduce you to a tax expert who can advise you on U.S. tax laws and expertly guide you through the tax planning process to ensure you are prepared.
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